Tuesday, January 21, 2014

Define "ex post facto defense."

An ex post facto defense is one that claims that an
accused criminal is not guilty of the crime because the law that he or she is charged
under is an ex post facto law.  Ex post facto laws are prohibited by the Constitution of
the United States.


An ex post facto law is one that was
made after the commission of the act that the defendant is accused of.  In other words,
this is a law that is made after the action occurs, saying that that action was
retroactively illegal.  Such laws are prohibited by the Constitution because they are
unfair.  It is not right to prosecute someone for doing something that was not illegal
at the time that they did it.


So, an ex post facto defense
is one that says, in essence "I cannot be guilty of a crime because what I did was not
illegal when I did it."

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